Bankruptcy Regulations 1996
Pt 15 repealed by SR No 255 of 2002, reg 3 and Sch 1 item 18, effective 6 November 2002.
Div 4 repealed by SR No 255 of 2002, reg 3 and Sch 1 item 18, effective 6 November 2002. Div 4 formerly read:
15.15 REPORT OF COMMITTEE DECISION
15.15(1)
A report required to be given by a committee to the applicant and Inspector-General under subsection 155A(6) or 155F(2) of the Act, or to the trustee and Inspector-General under subsection 155I(4) of the Act, must:
(a)
be in writing; and
(b)
be signed by each member of the committee; and
(c)
in the case of a majority decision
-
set out the reasons of the minority member.
15.15(2)
The report must be given by the committee to the applicant or trustee (as the case requires) and to the Inspector General within 14 days of the committee making its decision.
15.16 DISCLOSURE OF INTERESTS
15.16(1)
This regulation applies where:
(a)
a member of a committee convened to consider an application under subsection 154A(1) or 155E(1) of the Act:
(i)
is a close relative of the applicant; or
(ii)
has a financial or personal relationship with the applicant; or
(b)
a member of a committee convened under subsection 155H(2) of the Act to consider whether a trustee should continue to be registered:
(i)
is a close relative of the trustee; or
(ii)
has a financial or personal relationship with the trustee.
15.16(2)
Where this regulation applies, the member must, as soon as practicable after becoming aware of the identify of the applicant or trustee, disclose the nature of the relationship to the other members of the committee and to the Inspector-General.
15.17 CONFIDENTIALITY
A committee must take all reasonable measures to protect from unauthorised use or disclosure information given to it in confidence in, or in connection with, the performance of its functions or the exercise of its powers under the Act or under these Regulations.
15.18 EVIDENCE OF PROCEEDINGS AT COMMITTEE MEETINGS
In any proceedings, a copy of the minutes of proceedings at a committee meeting, signed by the Chairperson of the committee:
(a)
is evidence of the proceedings as recorded in the minutes; and
(b)
may be tendered in evidence without further proof.
15.19 TIME FOR DECIDING MATTERS UNDER SUBSECTION 155(1) OF THE ACT
A committee must decide a matter under subsection 155I(1) of the Act within 60 days of being convened.
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